Jump to content


  • Tweets

  • Posts

    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
  • Our picks

poorweescotsman

parking fine from civil enforcement whilst in Pencoed, Wales

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2135 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

i had notification of an alleged parking offence whilst attending a friends wedding in Wales,

 

the pcn was dated 11/10/13,

parking offence 28/09/13,

reminder today with £90 fine to pay in the next 14 days,

 

thing is, myself or wife, don't recall seeing a parking notice in the said carpark,

no ticket on windscreen,

just this notification out of the blue, two weeks after the day.

 

Q. where do I stand if refuse to pay,

 

because now I have received a final warning with threats of debt recovery & legal proceedings, advice please

Share this post


Link to post
Share on other sites

Hi and welcome to CAG

 

Agreed!

 

This is a speculative invoice, not a fine


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

red letter looks highly serious, & fine has doubled £45 to £90, just a wee bit worried that they would go all the way to Scotland just for £90, cant see it myself??

Share this post


Link to post
Share on other sites

If you are in Scotland......................................

 

I refer to your invoice dated the xxxxxx

 

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

Share this post


Link to post
Share on other sites

As you were in WALES at the time it is english law that counts, not Scottish, I'm afraid so the above 2 posts are incorrect.

 

You have several choices,

you can continue to ignore or you can respond to the company by telling them that you deny any liability to them whatsoever

as you have not entered into a contract with them by way of either a paper submission for your consideration

nor an offer via signage so no unilateral contract.

 

If they can prove that your trespass has caused the landowner a loss

then you will consider paying compensation for any liquidated loss suffered by the landowner to them and them only.

 

Any claim otherwise will be strongly refuted.

 

An alternative is to again deny a contract and loss to CEL and ask for this to be considered as an appeal and ask for a POPLA number if they dont accept that.

Share this post


Link to post
Share on other sites

Unless I have miscounted, I think they have failed to comply with Schedule 4 Protections of Freedoms Acts 9(5) and 9(6) 5) "The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.” 6) "A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." So it is dated 13 days after the event took place, but they failed to allow for 2 days of postage so it would arrive within the relevant period.

Share this post


Link to post
Share on other sites

The editor keeps on removing my paragraphs - sorry. Hope the above makes sense.

Share this post


Link to post
Share on other sites

If Civil Enforcement are not relying on schedule 4 PoFA then they cannot pursue the registered keeper for the alleged debt - only the driver. Do not advise on the identity of the driver and submit a response as the register keeper under PoFA.

Share this post


Link to post
Share on other sites
i had notification of an alleged parking offence whilst attending a friends wedding in Wales,

 

the pcn was dated 11/10/13,

parking offence 28/09/13,

reminder today with £90 fine to pay in the next 14 days,

 

thing is, myself or wife, don't recall seeing a parking notice in the said carpark,

no ticket on windscreen,

just this notification out of the blue, two weeks after the day.

 

Q. where do I stand if refuse to pay,

 

because now I have received a final warning with threats of debt recovery & legal proceedings, advice please

 

Where was the car park? Hotel,supermarket... ?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...